CSInet Service Agreement

This service agreement (“Agreement”) is between CSInet Internet Access Corp. (“CSInet”, “Us”, or “Our”) and the Subscriber (“You”, “Your”, “Customer”, or “End User”). This Agreement and the CSInet Membership agreement set forth the terms and the conditions under which CSINET agrees to provide, and You agree to use, CSInet Internet Access Corp. Services (“Service” or “ Service s”)

1. MEMBER INFORMATION

1.1 The name, address and payment information that You provide when You join CSInet, together with information regarding the manner in which You use CSInet, will not be intentionally processed or disclosed by CSInet except as permitted by this Agreement.

2. FORMATION

2.1 By establishing an account, beginning or continuing to use CSInet Services , using CSInet-provided software, using the equipment or indicating agreement through the software or website, or by signing a written agreement for, you agree to be bound by this Agreement, including future revisions and to use the Service in compliance with the current CSInet Acceptable Use Policy.

2.2 You represent and warrant that you have full authority and right to enter into this Agreement and that there are no conflicting claims relating to the rights granted by this Agreement. You further represent and warrant that you are at least eighteen (18) years of age.

2.3 In addition, you agree to comply with any amendments to this Agreement for which you receive notification by continuing to use the services after receiving such notification (as defined in section 12 under Agreement Amendment, below). The current and binding terms of this Agreement can always be found on the CSInet website page at www.csinet.net.

2.4 If at any time you do not agree or no longer agree to comply with the terms of this Agreement You are not authorized to use CSInet Internet Access Services. If at any time you do not agree or no longer agree to comply with any amendment, which was not part of this Agreement at the time you purchased services, you have the right and duty to terminate this Agreement pursuant to the subscriber termination procedures provided herein (see section 12 under Termination of Service, below).

3. CONTACT INFORMATION

3.1 You agree to provide CSInet with accurate and complete contact information. Contact information means any data relating to Your identity, street address, or telephone and fax number, or any other information that You provide to CSInet in order to receive or to continue receiving services. Further, You agree to provide CSInet with updated registration information within a reasonable period of time following the change in circumstance (e.g., moving to a new location) that creates the need for updated information.

4. PERIOD OF SERVICE

4.1 If your Service has a specific initial term (like twelve (12) months) this agreement will continue on a month-to-month basis after the initial term is over. If your Service is a Prepaid term plan and service is renewed, this agreement will continue after the initial Prepaid term is over. CSInet reserves the right to change prices of the Service upon 30 days notice. CSInet reserves the right to change features of the Service at any time. Current Service prices and features may be obtained by visiting our website www.csinet.net or by calling (219) 326-5252.

5. TERMINATION OF SERVICE

5.1 Accounts are set to close at the end of the current billing period. CSInet will not issue refunds or credits for previous or future service whether used or unused.

5.2 We do not accept cancellation by email. To cancel the Service you must do the following:

Residential Internet Services must phone (219) 326-5252 or send a FAX to (219) 326-5535. We require 30 days notice for service cancellation. To process your cancellation request, we require that you provide the following: (1) Verbal or Written request submitted by the account contact (2) Your customer or account number (3) Current phone number (4) Reason for canceling service. Cancellation will be effective at the end of the billing period 30 days after the notice of cancellation is received.

Termination of Service will also be accepted via registered or certified mail, return receipt requested, addressed to:

CSInet Internet Access Corp.
1305 Pine Lake Rd.
LaPorte , IN 46350

Business Internet Services must send a FAX to (219) 326-5535. We require 30 days notice for service cancellation. To process your cancellation request, we require that you provide the following: (1) Written request submitted on company letterhead by your billing contact (2) Your customer or account number (3) Current phone number (4) Reason for canceling service. Cancellation will be effective at the end of the billing period 30 days after the notice of cancellation is received.

Termination of Service will also be accepted via registered or certified mail, return receipt requested, addressed to:

CSInet Internet Access Corp.
1305 Pine Lake Rd.
LaPorte , IN 46350

5.3 Customer agrees that upon termination of this Agreement:

Customer will pay CSInet in full for Customer’s use of Service up to the end of the month in which the Services have been disconnected;
Customer will return or destroy all copies of any software provided by CSInet pursuant to this Agreement, including all back-up copies;

C. Customer will return all hardware provided by CSInet or it’s agent or contractor. (See section 6).

5.4 CSInet may terminate this Agreement, your password, your account, or your use of the Services for any reason, including, without limitation, if CSInet, in its sole discretion, believes you have violated this Agreement, violated the CSInet Acceptable Use Policy or if you fail to pay any charges when due. Termination notice will be by email or U.S. Mail to the address you provided for the Service . Sections 5, 6, 7, 18, 19, 20, 24 and 25 of this Agreement shall survive termination of this Agreement.

6. EQUIPMENT

6.1 For broadband Services such as DSL, Wireless or Dedicated Access, CSInet or its authorized agents will perform initial hardware installation of the Customer Premise Equipment. Additional configurations will be billed at the current rates in effect at the time of additional work is needed. You shall at your own expense provide all necessary preparations required to comply with CSInet’s installation and maintenance specifications, and shall be responsible for the costs of relocation of any equipment once Services are initiated.

6.2 All Equipment provided to customer to initiate the service is property of CSInet Internet Access Corp. and is to be returned upon termination of service. You will be responsible for replacement costs to any equipment due to misuse, neglect or circumstance out of CSInet’s control such as power surges, lightening damage, water damage, fire and theft. You have 30 days to return all equipment, cables, antenna, mounts, etc. to CSInet upon termination of service. A $500 equipment surcharge will be applied to your account if the equipment is not returned within 30 days of service termination.

6.3 You shall use Your best efforts to protect and keep confidential all intellectual property provided by CSInet to You through any Equipment and shall make no attempt to copy, alter, reverse-engineer, or tamper with such intellectual property or to use it other than in connection with the Services. You shall not resell, transfer, export or re-export any Equipment, or any technical data derived there from, in violation of any applicable United States or foreign law.

6.4 See Section 20 of this agreement for warranty and liability information regarding equipment.

7. PAYMENT AND BILLING

7.1 You agree to pay all charges to Your account, including applicable taxes, in accordance with billing terms in effect at the time the fee or charge becomes payable. Billing will commence on the date Your Service is activated. The initial payment may include non-recurring installation charges including, but not limited to equipment, inside wiring and other installation fees. Billing terms allows for a customer to choose between a non-refundable prepaid yearly rates or prepaid monthly auto debit rates via major credit card, checking or savings account. CSInet requires one-month advanced prepayment for all monthly plans.

7.2 Questions regarding charges to an account should be directed to CSInet’s Customer Service Department at (219) 326-5252. All charges are considered valid unless disputed in writing within thirty (30) days of the billing date. Adjustments will not be made for charges that are more than 30 days old.

7.3 Charges are billed to your credit card or debit card, as applicable, each month for the Service and any additional usage, services, taxes and fees. CSInet is not responsible for any charges or expenses (e.g., for overdrawn accounts, exceeding credit card limits, etc.) resulting from charges billed by CSInet. Payment by check is due by the statement due date that is emailed or U.S. Postal mailed to you.

7.3 You agree to maintain a valid credit card, checking account or savings account on file with CSInet against which charges can be made. Customer agrees to provide updated credit card, checking account or savings account information to CSInet in the event of expiration or cancellation of the account on file.

7.4 You acknowledge and agree that CSInet has the right to change its charges at any time subject to applicable law and upon thirty-day (30) notice to Customer.

7.5 Delinquent accounts are subject to immediate termination or suspension, resulting in interruption of Services, at the sole discretion of CSInet. Such interruption does not relieve you from the obligation to pay the recurring charge and any applicable late fees that might occur.

7.6 You acknowledge that you may incur charges while using the Services. For example, charges may be incurred as a result of accessing certain information, or purchasing or subscribing to certain offerings, via the Internet. You agree that all charges, including all applicable taxes, shall be paid by you and are not the responsibility of CSInet.

7.7 For fixed-location services, like DSL, Wireless or other broadband service, moving to another location will require the service to be re-provisioned at the new location. This may result in substantial interruption of the Service and will result in fees associated with cancellation and setting up a new account. Early termination charges will apply even if the cancellation is for reasons of a move to another location.

8. INSTALLATION

8.1 For broadband DSL, wireless and dedicated T1 service: Services require CSInet-provided professional installment only. If the relationship is terminated by either party (You or CSInet) before the Activation Date or if the Service is found to be unprovisionable, you must return all materials with all of its original packaging to CSInet. If you choose to cancel the account after the Activation Date, you will be charged an early termination fee. Because wireless Service equipment is highly sophisticated and FCC regulations for installing and pointing the antenna are very stringent, the equipment MUST be professionally installed by a certified installation technician.

8.2 Customer authorizes CSInet and its employees, agents, contractors and representatives to enter Customer’s premises in order to install, maintain, inspect, repair and remove the Equipment. All such services will be conducted at a time mutually agreed to by CSInet and Customer.

8.3 CSInet or its agent or contractor has provided you with materials, which set forth the minimum hardware and operating system requirements necessary to use the Services. You represent and agree that you have reviewed those materials and that the computer in which the Equipment and Services will be installed meets these minimum system requirements. Further, You understand that you must possess original or equivalent media (CD, disk, etc.) for the Operating System in order for an installation to be successful.

8.4 The installation, use, inspection, maintenance, repair and removal of the Equipment and Services may result in service outage or potential damage to your computer. You acknowledge and agree that You are solely responsible for backing-up all existing computer files by copying them to another storage medium prior to installation of the Equipment and Services, and prior to any inspection, maintenance, repair or removal of the Equipment and Services. CSInet and its employees, agents, contractors and representatives shall have no liability whatsoever for any damage to or loss or destruction of any of your software, files, data or peripherals.

8.5 In order to install the Equipment and Services, it may be necessary to open your computer. In addition, as part of the installation process for the software, as when most software is installed on a computer, system files on your computer, such as INI, BAT, SYS and DLL files, may be modified or deleted. CSInet does not represent, warrant, nor covenant that such modifications or deletions will not disrupt the normal operations of Your computer, and CSInet and its agents and contractors shall have no liability whatsoever for any damages resulting from the modifications or deletions.

8.6 You agree to permit CSInet to open your computer in order to install the Equipment. CSInet or its agent or contractor shall use reasonable efforts to install the Equipment and Services to full operational status. You assume responsibility for impacts to or loss of any warranty associated with the opening of your computer for installation of an internal card.

8.7 CSInet will make its best effort to provide the Service. Because of the complex nature of Internet service, availability, and the underlying infrastructure, it may not be possible to provide the Service to everyone. In its sole discretion, CSInet may cancel the installation process and refund any money that you have paid. CSInet will notify you of its intent to cancel as soon as reasonably possible. It may take 30, 60, 90 or more days to determine if CSInet is able to provide service. CSInet shall have no responsibility whatsoever for claims arising out of its failure or refusal to complete the installation or provide the Service.

9. FIXED LOCATION SERVICE

9.1 You acknowledge that this is a fixed-location service and may not be moved to a different residence, without possible payment of new installation fees. CSInet will try to provide Service at Your new location, but will not guarantee that the Service will be available. If CSInet is unable to provide the Services to You at Your new location, you are still responsible for any termination charges that might apply. In all cases Customer shall notify CSInet as provided in Section 3.

10. USE OF SERVICES

10.1 Customer acknowledges and agrees that the Wireless & DSL Internet Home Package plan is for personal use only, while the Wireless & DSL Internet Small Biz Package, Wireless & DSL Internet Big Biz Package and Wireless & DSL Internet Enterprise Package plans are structured for business use, and use of these Services are subject to the terms and conditions of CSInet’s then-current subscriber Service Agreement and CSInet’s then-current Appropriate Use Policy, each of which can be found on the CSInet Home Page at www.csinet.net, as well as the license agreements associated with the Equipment provided by CSInet. CSInet reserves the right to change its subscriber Service Agreement and Appropriate Use Policy at any time. Home Package plan is for personal use only and will not be sold to a location designated for business. Use of a Home Package plan for business constitutes fraud and can result in your account being charged for the unpaid amounts over the cost of the Home Package plan for the appropriate Business Package plan.

10.2 Customer shall not use the Equipment or Services to directly or indirectly:

Access any computer, software, data or any confidential, copyright protected or patent protected material of any other person, without the knowledge and consent of such person;
Upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the Service which is protected by copyright, or other proprietary right or derivative works with respect thereto, without obtaining permission of the copyright owner or right holder;
Copy, distribute or sublicense any software provided by CSInet, except that Customer may make one copy of each software program for back-up or archival purposes only;
Restrict, inhibit or otherwise interfere with the ability of any other person to use or enjoy the Equipment, the Services or the Internet;
Disrupt the CSInet backbone network nodes or network services;
Resell the Services or use the Services for operation of an Internet Service Provider business or for any other business enterprise in competition with the Services; or
Use the Equipment or Services in a way that is contrary to the CSInet Appropriate Use Policy posted on the CSInet web site at www.csinet.net.

Engaging in one or more of these activities may result in termination of the Agreement. Section 10 shall not in any way limit CSInet’s rights of termination pursuant to Section 5 of this Agreement.

10.3 Customer acknowledges that there is content on the Internet or otherwise available through the Services which may be offensive, or which may not be in compliance with all local laws, regulations and other rules. For example, it is possible through the use of the Services to obtain access to content, which is pornographic, obscene, or otherwise inappropriate or offensive, particularly for children. CSInet assumes no responsibility for and exercises no control over the content contained on the Internet or otherwise available through the Services. In particular and without limiting the generality of the foregoing, CSInet neither censors nor monitors the legality of any such content. All content accessed or received by Customer through the Services is accessed and used by Customer at Customer’s own risk, and CSInet and its employees, agents, contractors and representatives shall have no liability whatsoever for any claims, losses, actions, damages, suits or proceedings arising out of or otherwise relating to the access to or the receipt of such content by Customer.

11. SECURITY RISKS

11.1 The Internet is a shared resource among many Customers. Because of this, there is a risk that you could be subject to a variety of security breaches, including but not limited to eavesdropping and denial of service attacks. This means that other people may be able to access, monitor and/or alter Your files, data or other traffic sent or received using the Services, and/or negatively affect Your ability to use the Services. Any information sent by You over the Services network is sent at Your sole risk, and CSInet shall have no liability whatsoever for any claims, losses, actions, damages, suits or proceedings arising out of or otherwise relating to such actions by You.

12. AGREEMENT AMENDMENTS

12.1 CSInet may, in its sole discretion, change, modify, add or remove portions of this Agreement at anytime. CSInet will provide notice of such changes to this Agreement to You by electronic mail or postal mail. Your continued use of the Services following notice of such change, modification or advancement shall be deemed to be your acceptance of any modification.

12.2 This Agreement and the attached terms and conditions supercede all previous representations, understandings, or agreements and shall prevail not withstanding any variance with terms and conditions of any order submitted.

12.3 If at any time you do not agree or no longer agree to comply with any amendment, which was not part of this Agreement at the time you purchased services, you have the right and duty to terminate this Agreement pursuant to the subscriber termination procedures provided herein (see section 5 under Termination of Service, below).

13. THE SERVICE

13.1 Depending on the type of Service that you sign up for, the Service may include Internet access, software, hardware, email, webspace and other features. From time to time CSInet may impose reasonable rules and regulations regarding the use of the Services.

13.2 The Service speed can vary depending on location, line quality, inside wiring, Internet traffic, and other factors beyond the control of CSInet. CSInet provides the Service on a “best effort” standard and does not guarantee upload or download speeds. Some line stabilization may be necessary for service. Line stabilization could include the lowering of provisioned line speed. Should the lowering of line speed occur, CSInet may NOT be able to increase the line speed once the connection is stabilized. Some Services may only work using certain phone service carriers or non-PBX (including rollover/party line) phone systems.

13.3 Your Service may limit the amount of data that you can upload and/or download each month (“bandwidth”) or may be priced according to the amount of bandwidth you use per month. If during any month, you exceed a monthly bandwidth limit associated with your Service, CSInet may, going forward, change your Service to one permitting such bandwidth use (as provided for in the Service description) and you agree to the standard fees CSInet charges for such Service. CSInet will provide you with thirty (30) days notice of any such change to your Service.

13.4 You are solely responsible for determining if use of a particular dial-up number will cause you to incur long-distance, toll, or any other charges. CSInet is not responsible for any long-distance, toll, or other charges you incur. Current prices are listed on the CSInet homepage at www.csinet.net. CSInet may change its POP numbers at any time. CSInet reserves the right to direct you to use certain numbers to access the Service or to restrict use of specific access numbers. Usernames, passwords, email addresses and IP addresses are CSInet’s property and CSInet may alter or replace them at any time.

13.3 Using a dial-up account for high volume or commercial use (e.g., revenue generation, advertising, etc.) is prohibited. Email accounts exceeding allotted email space may, depending on the Service and at CSInet’s discretion, be suspended and be transferred to a compressed temporary file or storage or may be deleted. CSInet may delete the temporary file from the server 60 days after notifying you. You agree not to use any automatic method to avoid inactivity disconnect or to otherwise maintain a connection unless actively using a dial-up connection. You agree not to provide any public information services over a dial-up connection.

14. REACTIVATION CHARGE

14.1 A reactivation charge may be issued to reactivate any terminated account, whether termination is initiated by you or is initiated by CSInet for non-payment or any other breach of this Agreement or policy referenced in this Agreement.

15. MONITORING THE SERVICE

15.1 CSInet has no obligation to monitor the Services content. However, Customer acknowledges and agrees that CSInet has the right to monitor content electronically from time to time and to disclose any information as necessary to satisfy any law, regulation or other governmental request, to operate the Services properly or to protect itself or its subscribers. CSInet reserves the right to post or to remove any information or materials, in whole or in part, that in its sole discretion, are unacceptable, undesirable, or in violation of this Agreement

16. INTERNET PROTOCOL (IP) ADDRESS

16.1 IP addresses are not portable and are not assigned for independent administration or distribution. Customer understands that IP assignments are not guaranteed, and may be modified as required by CSInet. Customer cannot alter, modify or tamper with the IP connection of those or any customer on the system.

16.2 Unless your service includes a Static IP, you will be allocated a Dynamic IP address. CSInet reserves the right to timeout inactive connections. CSInet technical support may be limited to CSInet-provided services, software and/or unmodified hardware. Your email and webspace may be inactivated if you exceed storage limits. You may reduce the size or purchase additional space. Usage and webspace exceeding the allotted amount of bandwidth may be billed for excess traffic. Email, webspace, and bandwidth limits are posted throughout our Web site at www.csinet.net. These limits may also be obtained by calling 219-326-5252. CSInet reserves the right to change limits at any time upon 30 days prior notice.

17. SERVERS

17.1 Customer agrees not to use any servers in conjunction with the Home Package and the Small Biz Package, including but not limited to, Electronic Mail, DNS, FTP, and WWW servers. Servers are only allowed with the Big Biz and Enterprise Biz Packages and with the full consent of CSInet. In the event that any Home or Small Biz customers attempt to utilize a server on the Service, CSInet may, at its sole discretion, increase the fees associated with the Services, terminate the Services, or invoice the account for the dedicated account type that is being simulated.

18. LIMITATION OF LIABILITY

18.1 CSInet’s liability to Customer for direct damages shall be limited to a maximum of the fees paid by Customer to CSInet for the Services during the three (3) month period prior to the time when Customer’s claim for direct damages arose; provided, however, that CSInet shall have no liability whatsoever for any damage to, loss of, or destruction of any software, files or data. In addition, CSInet will not be liable to Customer or to any third party for:

Any indirect, incidental, special, punitive or consequential losses or damages, including loss of profits, loss of earnings, loss of business opportunities and personal injuries (including death), resulting directly or indirectly out of, or otherwise arising in connection with, the use of the Services by Customer or any other use of the Equipment or Services, including without limitation, any damage resulting from or arising out of Customer’s reliance on or use of the Equipment or Services, or the mistakes, omission, interruptions, deletion of files, errors, defects, delays in operation, transmissions, or any failure of performance of the Equipment or Services; and
Any losses, claims, damages, expenses, liabilities or costs (including legal fees) resulting directly or indirectly out of, or otherwise arising in connection with, any allegation, claim, suit, or other proceeding based upon a claim that the use of the Equipment or Services by Customer or a third party infringes the copyright, patent, trademark, trade secret, confidentiality, privacy, or other industrial or intellectual property rights, proprietary rights or contractual rights of any third party.

The foregoing limitation applies to the acts, omissions, negligence and gross negligence of CSInet, its officers, employees, agents, contractors or representatives which, but for this provision, would give rise to the cause of action against CSInet in contract, tort or any other legal doctrine. Customer’s sole and exclusive remedies under this Agreement are as expressly set out in this Agreement.

19. CHOICE OF LAW

19.1 This Agreement, the rights and obligations of the parties hereto, and any claims or disputes hereunder, shall be governed by and construed in accordance with the laws of the State of Indiana and the United States of America without reference to conflict of law principles. All disputes arising out of or relating to this Agreement shall be submitted to the exclusive jurisdiction of the state and federal courts in the state of Indiana , and each party irrevocably consents to such personal jurisdiction and waives all objections thereto. Customer may not bring any claim, suit or proceeding more than one (1) year after the date of the claim or cause of action.

20. LIMITED WARRANTY

20.1 All equipment and services are provided by CSInet “AS IS” and “AS AVAILABLE”, without warranty of any kind. CSInet does not warrant uninterrupted use or operation of the Equipment or Services. CSInet does not warrant that any data or files sent by or to Customer will be transmitted in uncorrupted form or within a reasonable period of time. All representations, warranties, endorsements and conditions of any kind, express or implied, including, without limitation, any warranties or title or non-infringement, fitness for a particular purpose, merchantability and those arising from a course of dealing or usage of trade, are hereby excluded. Certain Equipment may be subject to third party warranties, which may be passed through CSInet to Customer at no additional charge. CSInet will comply with all reasonable requirements necessary to affect the pass-through of the warranty to Customer. At its sole option, CSInet or its agent may replace defective equipment on behalf of the manufacturer, provided Customer follows all applicable procedures and obtains a Return Materials Authorization (RMA) number.

20.1 THIS WARRANTY DOES NOT COVER DEFECTS RESULTING FROM ACTS OUTSIDE OF CSINET’S CONTROL, USE CONTRARY TO SPECIFICATIONS OR INSTRUCTIONS, OR REPAIR OR MODIFICATION BY ANYONE OTHER THAN CSINET OR ITS CONTRACTOR. CSINET RESERVES THE RIGHT TO MODIFY THIS WARRANTY AT ANY TIME.

20.2 CSINET WILL NOT BE RESPONSIBLE FOR ANY EQUIPMENT DAMAGED BY ANY NATURALLY OCCURRING EVENT SUCH AS LIGHTNING, FLOOD, OR EARTHQUAKE OR OTHER EVENTS OUT OF CSINET’S CONTROL SUCH AS FIRE, POWER SURGES, OR THE ACTS OF OTHERS.

20.3 CSInet agrees to make reasonable efforts to provide continuous service to you. You understand and agree that temporary interruptions may occur as normal events in the provision of the Services. Under no circumstances shall CSInet be held liable for any financial or other damages due to such service interruptions.

21. FORCE MAJEURE

21.1 You agree that CSInet is not responsible for delays, damages or failures in performance due to causes beyond CSInet’s reasonable control, including but not limited to acts of a governmental body, acts of God, acts of third parties, fires, floods, ice or snow, strikes or other labor-related disputes, or an inability to obtain the necessary equipment or services. Should such occurrences continue for more than thirty (30) days, either you or CSInet may terminate this Agreement without further liability to each other.

22. CONTACT ADDRESS

22.1 For any inquiries or notices required in connection with the Agreement, customers in LaPorte , IN , should contact CSInet at (219) 326-5252, and customers outside of LaPorte should contact CSInet at the published toll-free number of 1-888-CSINET-1. Customers can contact CSInet in writing at the following address:

CSInet Internet Access Corp.,
Customer Services,
1305 Pine Lake Rd.,
LaPorte, IN 46350.

Nothing contained in this Agreement shall be construed to limit CSInet actions or remedies in any way, and CSInet reserves at all times all rights and remedies available to it at law or in equity. This Agreement constitutes the entire agreement and understanding between the parties with respect to the subject matter of this Agreement and supersedes and replaces any and all prior written or verbal agreements. In the event that any portion of this Agreement is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties and the remainder of the provisions shall remain in full force and effect. CSInet’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of dealing or performance between the parties nor trade practice shall act to modify any provision of this Agreement. This Agreement may not be assigned or transferred by Customer. This Agreement may be assigned or transferred by CSInet without consent of Customer.

23. NETWORKING TECHNICAL SUPPORT POLICY

Due to the wide range of hardware and software configurations and compatibility, it may not be possible for CSInet to provide technical support for your current set of products. In certain circumstances, it may be necessary to refer you to the manufacturer of your hardware or software vendor for technical support of their products. CSInet will use its best effort to provide support for the networking configurations listed on our website at: www.csinet.net.

24. ADDITIONAL TERMS FOR WEB HOSTING SERVICE

In addition to the applicable terms above, the following terms apply specifically to CSInet’s Web Hosting Service where different from Sections 1-23.

A. CSInet Service
During the term of this Agreement, CSInet shall provide software services according to the Package selected by you. Current Packages may be found on CSInet’s Web site at www.csinet.net. Packages shall be deemed incorporated by reference into this Agreement. You shall retain copies of such Package for future reference. CSInet has the right to change prices, or add or delete product features of any existing product or Service. The right to change products or services extends to any software supporting a product or service. CSInet has the right to discontinue products or services and the right to remove or reassign IP addresses of a customer’s web site. From time to time CSInet may impose reasonable rules and regulations regarding the use of the Services.

B. Third Party Providers
In order to access and use the Services, you may be required to subscribe to other Services, including, but not limited to, the CSInet Internet Access Agreement. In addition, you acknowledge that in order to access certain of the Services, you may have to agree to and execute agreements with third party providers who may charge additional fees and charges in addition to CSInet.

C. Term and Termination
Upon any termination, CSInet may permit Customer forty-eight (48) hours to download or otherwise copy any of Customer’s information and data residing on CSInet’s facilities prior to removing such information and data from CSInet’s facilities. Upon termination by CSInet under its sole discretion, CSInet may immediately remove all of Customer’s data and information from CSInet’s facilities and Customer shall have no right to copy or download such data or information, and, in such event, all such information and data, including all copyrighted or copyrightable material therein, shall then become the property of CSInet. In cases where Customer’s account has been cancelled, and Customer is requesting reactivation, CSInet, at it’s option, may reactivate the same account, only if the account had been cancelled less than sixty (60) days prior. After sixty (60) days, Customer will be required to set up a new account.

D. Confidentiality
You acknowledge that by reason of your relationship with CSInet, you may have access to certain information and materials relating to CSInet’s business, customers, software technology and marketing which CSInet treats as confidential (collectively “Confidential Information”). You shall: (i) hold in confidence, and not disclose or reveal to any person or entity, any Confidential Information without the clear and express prior written consent of a duly authorized representative of CSInet; and (ii) not use or disclose any of the Confidential Information for any purpose at any time, other than for the limited purpose of performance under this Agreement. These obligations shall continue indefinitely for so long as the Confidential Information is a trade secret under applicable law and shall continue for two (2) years following termination of this Agreement with respect to Confidential Information, which does not rise to the level of a trade secret.

25. ADDITIONAL TERMS FOR DOMAIN REGISTRATION AND ADMINISTRATION

In addition to the applicable terms above, the following terms apply specifically to CSInet’s Domain Registration and Administration Service where different from Sections 1-24.

A. Domain Name Registration, Administration, and Renewal Services
CSInet currently provides the CSInet Services through services provided by a registrar accredited through the Internet Corporation for Assigned Names and Numbers ("ICANN") for the .com, .net and .org top-level domains. ICANN oversees the .com, .net, .org, .biz, .info, and .us top-level domains ("TLDs"). CSInet accepts applications to register and renew domain names with .com, .net, .org, .biz, .info, and .us TLDs in Roman-alphabet languages.

Upon accepting your application to register or renew a domain name with a .com, .net, .org, .biz, .info, or .us TLD, CSInet essentially acts as your sponsor for that application. All .com, .net and .org domain name applications will be processed through CSInet’s registrar. The registration and renewal applications we process are not effective until the domain name registration or renewal information you provide us is delivered to the registry administrator for the .com, .net, .org, .biz, .info, or .us TLDs, as applicable, and the registry administrator puts into effect your domain name registration or renewal.

You acknowledge that you have read, understood and agree to be bound by all terms and conditions of ICANN's Uniform Domain Name Dispute Resolution Policy (the "UDRP"), as amended from time to time, which is hereby incorporated and made a part of this Agreement by reference for all .com, .net and .org domain name registrations or renewals. This can be found on the WWW at http://www.icann.org/dndr/udrp/policy.htm.

B. No Guarantee of Registration or Renewal
You acknowledge and agree that CSInet does not guarantee that you will be able to register or renew a desired domain name, even if an inquiry indicates that domain name is available, since CSInet cannot know with certainty whether or not the domain name which you are seeking to register is simultaneously being sought by a third party, or whether there are any inaccuracies or errors in the domain name registration or renewal process or related databases, including the various WHOIS databases. You further acknowledge and agree that CSInet may elect to accept or reject your application for registration or renewal for any reason at its sole discretion, such rejection including, but not limited to, rejection due to a request for registration or renewal of a prohibited domain name. You also acknowledge and agree that CSInet is not liable or responsible in any way for any errors, omissions or any other actions by any registry administrator arising out of or related to your application for and registration of, renewal of, or failure to register or renew a particular domain name. You additionally agree to indemnify, defend and hold harmless CSInet and its directors, officers, employees, and agents from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable legal fees and expenses) arising out of, or related to, your application for and registration of, renewal of, or failure to register or renew, a particular domain name.

C. The Customer Relationship
By submitting the domain name registration application to CSInet, you acknowledge and agree that you are a customer of CSInet for purposes of the CSInet Services. You further acknowledge that there is no customer relationship between you and CSInet’s registrar created hereunder. You agree that upon termination of CSInet’s relationship with its registrar, CSInet may, in its sole discretion, with the assistance of its legacy registrar transfer your domain name registration to a new registrar partner at no additional charge to you and that this Agreement will continue in full force and effect.

D. Your Representations
By applying to register a domain name, or by asking us to maintain or renew a domain name registration, you hereby represent and warrant to us that (a) the statements that you made in connection with such application for registration, maintenance, or renewal are complete and accurate; (b) to your knowledge, the registration of the domain name will not infringe upon or otherwise violate the rights of any third party; (c) you are not registering the domain name for an unlawful purpose; and (d) you will not knowingly use the domain name in violation of any applicable laws or regulations. You agree and acknowledge that it is your responsibility to determine whether your domain name registration infringes or violates someone else's rights including, but not limited to, whether any foreign language translations of your domain name, infringe or violate someone else's rights.

E. Domain Name Registrant
CSInet considers the entity named as the administrative contact for the domain name at the time the controlling User name and password are secured to be the registrant of that domain name.

F. Fees; Renewals
As consideration for the CSInet Services, you agree to pay CSInet, upon submission of your domain name application, renewal application, or registrar transfer application to CSInet, the then-current fees set forth in the CSInet price schedule for such services. All fees are non-refundable, in whole or in part, even if your domain name registration is suspended, canceled or transferred prior to the end of your then-current registration term. CSInet reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at its sole discretion.

Your domain name application, renewal application, or registrar transfer request will not be submitted to CSInet’s registrar until we receive actual payment of the registration, renewal, or transfer fee, or reasonable assurance of payment of the registration, renewal, or transfer fee from some other entity (such reasonable assurance as determined by CSInet in its sole discretion).

In the event of a charge back by a credit card company (or similar action by another payment provider allowed by us) or other non-payment by you in connection with your payment of the registration, renewal, or registrar transfer fee, you acknowledge and agree that the registration shall be transferred to CSInet as the entity that has paid the registration, renewal, or transfer fee for that registration to the registry, and that we reserve all rights regarding such domain name including, without limitation, the right to make the domain name available to other parties for purchase. We will reinstate any such registration solely at our discretion, and subject to our receipt of the applicable registration, renewal, or transfer fee and our then-current reinstatement fee.

Unless you contact CSInet in writing to give alternate instructions, we will automatically renew your domain name registration for one year at the then-current renewal fee, charging the original credit card you used to register your domain name. If you wish to change your billing information, you must do so by contacting CSInet at least thirty (30) business days before your domain name registration expires; otherwise your original credit card will be billed. If your original credit card has expired or is otherwise invalid, you must contact CSInet to provide us with a valid credit card or some other reasonable assurance of payment (the latter to be determined by CSInet at its sole discretion). However, if you do not provide CSInet with valid billing information or other assurance of payment before your domain name registration expires, your domain name registration will not be renewed. You may renew your domain name at any time before its expiration by contacting CSInet.

G. Revisions and Additions to this Agreement
You acknowledge that the Internet, domain name system and the practice of registering and administering domain names are evolving, and therefore you agree that CSInet may modify this Agreement, as well as any additional rules or policies that are or may be published by CSInet, as necessary to comply with any ICANN-accepted policy, or with any other agreements that CSInet is currently bound by or will be bound by in the future, as well as to adjust to changing business circumstances. Your continued use of any domain name registered through CSInet shall constitute your acceptance of this Agreement as well as additional rules or policies that are or may be published by CSInet, each with the new modifications. If you do not agree to any of such changes, you may request that your domain name registration be canceled or transferred to a different domain name registrar. You acknowledge and agree that such cancellation or request for transfer will be your exclusive remedy and our sole liability if you do not wish to abide by any changes to this Agreement or any additional rules or policies that are or may be published by CSInet.

H. Use of Information
You hereby acknowledge and agree that, in connection with your use of certain of Services, you are required to provide certain information and to update promptly this information as needed to keep it current, complete and accurate. Except as set forth below, all other information that we may request from you in connection with domain name registration, administration, and renewal services is voluntary.

The information you are obligated to provide and keep current in connection with your use of CSInet's domain name registration, administration, and renewal services is the following: (i) your full name (or the name of the authorized person for contact purposes, if registration is for an organization, corporation or association), postal address, email address, voice telephone number, and fax number, if available (or if different, that of the domain name holder); (ii) the domain name being registered; and (iii) the name, postal address, email address, voice telephone number, and where available, fax number for the administrative contact, technical contact and billing contact for the domain name registration.

You acknowledge and agree that when you renew a domain name registration, the type of information you are required to provide may have changed. If you do not wish to provide the new required information, the registration may not be renewed.

I. Additional Information Maintained
In addition to the information you provide (the "User Information"), CSInet may maintain records relating to any domain name application received by CSInet, as well as any domain name registered through, administered, or renewed by CSInet. We also maintain records relating to the CSInet Services that we provide to you. These records may include, but are not limited to: (i) the original creation date of a domain name registration, renewal, or request for service; (ii) the submission date and time of a registration or renewal application to us and by us to the proper registry; (iii) communications (electronic or paper form) constituting submissions, forwarding, modifications, or terminations of service and related correspondence between you and us; (iv) records of your account, including dates and amounts of all payments and refunds; (v) the IP addresses of the primary nameserver and any secondary nameservers for the domain name; (vi) the corresponding names of those nameservers; (vii) the name, postal address, email address, voice telephone number, and where available, fax number of the zone contact for a domain name; (viii) the expiration date of a domain name registration; and (ix) information regarding all other activity between you and us regarding your use of the CSInet Services (collectively, "Other Information"). To process your registration or renewal application, CSInet may provide the User Information and the Other Information to its registrar.

J. Obligations Relating to the Information You Provide
In the event that (i) in applying for the registration of a domain name you are providing information about a third party, or (ii) you license a domain name registered in your name to a third party, you hereby represent and warrant that you have (a) provided notice to that third party of the disclosure and use of that party's information as set forth in this Agreement, and (b) that you have obtained that third party's express consent to the disclosure and use of that party's information as set forth in this Agreement.

You acknowledge and agree that willfully providing inaccurate or unreliable information or willfully failing to update information promptly will constitute a material breach of this Agreement that will be sufficient basis for cancellation of your domain name registration. You further acknowledge and agree that your failure to respond for over fifteen (15) calendar days to inquiries by CSInet concerning the accuracy of contact details associated with your domain name registration shall constitute a material breach of this Agreement and will be sufficient basis for cancellation of your domain name registration.

K. Disclosure and Use of Information
You acknowledge and agree that CSInet may make available information you provide or that we otherwise maintain to such public or private third parties as applicable laws require or permit. CSInet may disclose personal information about Visitors or Members, or information regarding your use of the Services or Web sites accessible through our Services, for any reason if, in our sole discretion, we believe that it is reasonable to do so, including: to satisfy laws, such as the Electronic Communications Privacy Act, regulations, or governmental or legal requests for such information; to disclose information that is necessary to identify, contact, or bring legal action against someone who may be violating our Acceptable Use Policy or other user policies; to operate the Services properly; or to protect CSInet and our Members.

You hereby consent to any and all such disclosures and use of, and guidelines, limits and restrictions on disclosure or use of, information provided by you in connection with the registration of a domain name or use of any CSInet Services (including any updates to such information), whether during or after the term of your registration of a domain name or other services. You further acknowledge that CSInet’s registrar may use certain of the information provided by CSInet regarding your domain name registration or renewal application in a manner consistent with our registrar’s terms of usage and user agreement. CSInet will only provide its registrar with that information necessary to process your registration. You hereby irrevocably waive any and all claims and causes of action you may have arising from such disclosure or use of information provided by you by CSInet.

CSInet will not process data about any identified or identifiable natural person that we obtain from you in a way incompatible with the purposes and other limitations that we describe in this Agreement.

L. Communications
Communications with CSInet are not private and may be published either in their entirety or in edited form at any time, at the sole discretion of CSInet.

M. Ownership of Data
You acknowledge and agree that CSInet owns all database, compilation, collective and similar rights, title and interests worldwide in our domain name and other proprietary information databases, and all information and derivative works generated from those databases. Additionally, you hereby grant to CSInet a nonexclusive, worldwide, perpetual, irrevocable, fully paid-up right and license to use in our business, however it evolves, including the rights to copy, distribute, display, perform, transmit, prepare derivative works from or otherwise use without restriction (other than as set forth in Section N of this Agreement) the following information: (a) the original creation date of a domain name registration, (b) the expiration date of a domain name registration, (c) the name, postal address, email address, voice telephone number, and where available fax number of the technical contact, administrative contact, zone contact and billing contact for a domain name registration, (d) any remarks concerning a registered domain name that appear or should appear in a WHOIS or similar database, and (e) any other information we generate or obtain in connection with the provision of the CSInet Services. CSInet does not have any ownership interest in your specific personal registration information or other information other than our rights in our domain name database, as set forth in this Section M.

N. Agents and Licenses
You agree that, if you are using the CSInet Services for someone else, you represent that you have the authority to nonetheless bind that person as a principal to all terms and conditions provided herein. You accept liability for harm caused by wrongful use of the CSInet Services. You agree that if you license the use of a domain name registered in your name to a third party, you nonetheless remain the domain name holder of record, and remain responsible for all obligations under this Agreement, including but not limited to payment obligations, and providing (and updating, as necessary) both your own full contact information, and accurate technical, administrative, billing and zone contact information adequate to facilitate timely resolution of any problems that arise in connection with the domain name and domain name registration. As further required by ICANN, you shall accept liability for harm caused by wrongful use of the domain name, unless you promptly disclose the identity of the licensee to a party providing you with reasonable evidence of actionable harm.

O. System Performance Degradation
CSInet’s delivery of the CSInet Services depends upon its computer system and the computer system of its registrar, both of which are responsive to the demands of the domain name registration process. Occasionally, CSInet’s computer system or its registrar’s computer system are subjected to exceptional volumes of incoming domain name registration requests, electronic mail messages, and/or WHOIS queries that result in significant degradation of CSInet’s or its registrar’s system processing and response time. Regardless of the reason, in those instances when there is system performance degradation as the result of an extremely large volume of incoming electronic messages, CSInet reserves the right, in its sole discretion, to filter or block electronic messages originating from the identified sources of the high-volume traffic. CSInet will selectively restore service after system performance returns to normal limits, provided that such restoration does not result in an adverse impact on the system. CSInet further reserves the right to permanently filter or block repeated sources of high volumes of electronic traffic.

P. Limitation of Liability
YOU AGREE THAT CSINET WILL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY (a) SUSPENSION, LOSS, OR MODIFICATION OF YOUR DOMAIN NAME REGISTRATION, (b) USE OF YOUR DOMAIN NAME REGISTRATION, (c) INTERRUPTION OF BUSINESS, (d) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THIS SITE OR THE WEB SITE(S) ACCESSED BY THE DOMAIN NAME REGISTERED IN YOUR NAME, (e) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION, (f) EVENTS BEYOND CSINET’S REASONABLE CONTROL, (g) THE PROCESSING OF YOUR DOMAIN NAME APPLICATION OR OTHER SERVICE APPLICATION, OR (h) APPLICATION OF ANY RELEVANT DISPUTE POLICY OR ANY OTHER ICANN (OR SIMILAR GOVERNMENTAL OR SUCCESSOR ORGANIZATION) ADOPTED POLICIES. CSINET ALSO WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, MULTIPLE OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF CSINET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL CSINET'S MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE CSINET SERVICES, BUT IN NO EVENT GREATER THAN FIVE HUNDRED DOLLARS ($500.00). BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Q. Indemnification
You agree to defend, indemnify and hold harmless CSInet for any loss, damages or costs, including reasonable attorneys' fees, resulting from any third-party claim, action, or demand related to (i) your use of the CSInet Services, including, but not limited to, your application for registration, registration, or renewal of any domain name registered in your name, and (ii) your use of any domain name registered in your name. This indemnification is in addition to any indemnification required under the UDRP or any similar policy.

R. Representations and Warranties
YOU REPRESENT THAT, TO THE BEST OF YOUR KNOWLEDGE AND BELIEF, NEITHER THE REGISTRATION OF THE DOMAIN NAME YOU HAVE APPLIED FOR NOR THE MANNER IN WHICH IT IS INTENDED TO BE OR IS DIRECTLY OR INDIRECTLY USED INFRINGES THE LEGAL RIGHTS OF A THIRD PARTY. YOU FURTHER REPRESENT AND WARRANT THAT ALL INFORMATION PROVIDED BY YOU IN CONNECTION WITH YOUR USE OF THE CSINET SERVICES IS ACCURATE AND CURRENT. THE CSINET SERVICES ARE PROVIDED TO YOU "AS IS." WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT OR THE CSINET SERVICES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE. WITHOUT ANY LIMITATION TO THE FOREGOING, CSINET MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER THAT REGISTRATION OR USE OF A DOMAIN NAME UNDER THIS AGREEMENT WILL IMMUNIZE YOU EITHER FROM CHALLENGES TO YOUR DOMAIN NAME REGISTRATION, OR FROM SUSPENSION, CANCELLATION OR TRANSFER OF THE DOMAIN NAME REGISTERED TO YOU.

S. Suspension, Cancellation, Transfer or Modification
You acknowledge and agree that CSInet may suspend, cancel, transfer or modify your use of the CSInet Services at any time, for any reason, in CSInet’s sole discretion. You also acknowledge and agree that CSInet may suspend, cancel, transfer or modify your domain name registration if (a) you materially breach this Agreement (including any applicable additional rule or policy) and do not cure such breach within five (5) calendar days of notice by CSInet, (b) you use the domain name registered to you to send unsolicited commercial advertisements in contradiction to either applicable laws or customary acceptable usage policies of the Internet, or (c) you use your domain name in connection with unlawful activity. You further acknowledge and agree that your domain name registration is subject to suspension, cancellation, transfer or modification pursuant to the terms of any rules or policies applicable to your domain name registration, including, but not limited to (i) the UDRP, (ii) any ICANN-adopted policy, (iii) any registrar or registry administrator procedures, or (iv) any other ccTLD registry administrator procedures. You also agree that CSInet shall have the right in its sole discretion to suspend, cancel, transfer or otherwise modify your domain name registration at such time as CSInet receives (x) a properly authenticated notification from a court of competent jurisdiction, or (y) an arbitration award requiring the suspension, cancellation, transfer or modification of your domain name registration.

T. Jurisdiction
Except as otherwise set forth in the UDRP or any similar ccTLD policy with respect to any dispute over your domain name registration, this Agreement is governed as stated in Section 12. Notwithstanding the foregoing, for the adjudication of disputes concerning or arising from use of domain names registered hereunder, you acknowledge and agree that you shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (a) of the domain name holder's domicile, and (b) where CSInet’s headquarters are located, currently LaPorte , Indiana .

U. Notices
You agree that, unless other instructions are posted on CSInet’s Web site, any notices required to be given under this Agreement will be deemed to have been given if delivered by email or fax, or sent by certified mail, return receipt requested, or by Federal Express or other recognized overnight delivery service to each of the parties in accordance with the most current contact information you have provided to us, and the contact information for CSInet posted on CSInet’s Web site. All notices shall be effective upon receipt, except that email and fax notices shall be effective upon transmission.

V. Location of Service
You agree and acknowledge that any acceptance of your application for the CSInet Services and the performance thereof will occur at our offices in LaPorte, Indiana, the location of our principal place of business.

W. No Waiver
The failure of CSInet to require your performance of any provision hereof shall not affect its right to require such performance at any time thereafter; nor shall the waiver by CSInet of a breach of any provision hereof be taken or held to be a waiver of the provision itself.